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| Dayne O 'Bannon vs. Stephanie O'Bannon
E2002-02553-COA-R3-CV
This appeal from the Bradley County Circuit Court questions whether the Trial Court erred in denying the Wife's proposed relocation to South Dakota and in changing custody of the parties' children from Wife to Husband. We affirm the judgment of the Trial Court.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 10/16/03 | |
| Polk Couty Bd of Education vs. Polk County Education Assoc.
E2003-01110-COA-R3-CV
The Trial Court ruled the School Board did not have to negotiate with the Teachers Association regarding a dress code policy adopted by the Board. On appeal, we reverse and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
Polk County | Court of Appeals | 10/16/03 | |
| W2002-02534-COA-R3-CV
W2002-02534-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/16/03 | |
| Jackie Cline vs. Emily Plemmons
E2002-02584-COA-R3-CV
This is a dispute between brother and sister over the handling of the affairs as conservators of their mother. The brother appeals from the Trial Court's rulings as to compensation, attorney's fees and conservatorship. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jerri S. Bryant |
McMinn County | Court of Appeals | 10/16/03 | |
| Robert Carrier vs. Speedway Motorsports
E2002-02724-COA-R3-CV
This case involves a dispute as to exactly what property was leased to the plaintiff, Robert L. "Larry" Carrier. In January, 1996, the plaintiff and his family sold their 100% stock ownership interest in National Raceways, Inc., to the defendant, Speedway Motorsports, Inc. ("SMI"). National Raceways, Inc., operated the well-known Bristol Motor Speedway ("the Speedway"). In conjunction with the sale, the parties executed a lease agreement, wherein SMI leased back a portion of the Speedway's property to the plaintiff. The plaintiff filed suit against SMI and Bristol Motor Speedway, Inc., the new corporate name of National Raceways, Inc., claiming that the defendants had breached the lease by interfering with the plaintiff's leasehold interest. Specifically, the plaintiff claims that the lease covers a 15.54 acre parcel of land lying adjacent to the grandstand at the racetrack. The defendants answered, denying that they had breached the lease and asserting that the subject matter of the lease is limited to three buildings on the 15.54 acre tract rather than to the entire tract. The defendants also filed a counterclaim for an unpaid debt. Following a bench trial, the court found in favor of the plaintiff, concluding that the lease involves the entire parcel of land rather than just the three buildings. It ultimately awarded the plaintiff damages of $2,401,728. The trial court dismissed the defendants' counterclaim. From this judgment, both sides appeal. We affirm the dismissal of the counterclaim, but reverse the trial court's judgment in favor of the plaintiff on the original complaint. That complaint is dismissed at the plaintiff's costs.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Thomas R. Frierson, II |
Sullivan County | Court of Appeals | 10/16/03 | |
| Carl A. Lindblad v. Parkridge Health System
E2003-00221-COA-R3-CV
The plaintiff resigned his position as Director of the hospital's emergency services. Parkridge Health System, Inc. d/b/a East Ridge Hospital, [hereafter "the hospital" or "Defendant"] accepted his resignation and terminated his staff privileges in accordance with an employment Agreement. The hospital's bylaws required notice and hearing, which were not followed. The plaintiff filed this action asserting that in failing to observe its bylaws the hospital breached its contract with him since the bylaws were an integral part of the contract. The Chancellor granted the hospital's motion for summary judgment, holding that the Agreement, which provided for termination of staff privileges controlled the issue. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/16/03 | |
| W2002-02166-COA-R3-CV
W2002-02166-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 10/15/03 | |
| Frankie Maples vs. Frank Maples
E2003-00722-COA-R3-CV
Husband, for the second time, seeks a reduction in his alimony obligation, claiming that his bona fide retirement coincided with a substantial decrease in income. The trial court modified the obligation by reducing it to $919.50 monthly. Wife receives $752.00 from social security. Her reasonable expenses were found to be $2176.00. Husband appeals, insisting that the reduction is insufficient. Wife presents for review the issue of whether any reduction was justified. We reinstate the initial award, finding that Husband, as in the prior appeal, continued his pattern of conduct in restructuring his assets to award his obligation.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| Sun Splash Painting v. Homestead Village
M2002-00853-COA-R3-CV
This appeal involves a challenge to the trial court's refusal to award attorney's fees pursuant to the Prompt Pay Act, and to the court's denial of prejudgment interest. We affirm the trial court in all respects.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/15/03 | |
| Combustion Federal Credit Union vs. John Farmer
E2003-00107-COA-R3-CV
A judgment was rendered against Mr. Farmer in 1992. It remained unpaid, and the judgment creditor's petition for revival was granted. Mr. Farmer appeals, claiming that he never signed the note which formed the basis of the 1992 action. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| Ronnie Johnson vs. Mark R. White
E2002-02815-COA-R3-CV
These three cases were consolidated for trial. Each Respondent agreed to an Order of Protection sought by their kinsman, who was married to the daughter of Mark V. White, the sister of Mark R. White and niece of Michael Scott Webb. The throes of the divorce action between the Petitioner and his wife, Jennifer White Johnson, precipitated a purported assault on the Petitioner by the Respondents which resulted in criminal charges in addition to an order of protection. Thereafter, the Petitioner and his wife attended the Fourth Circuit Court for a hearing, and the Respondents upon instructions of their attorney in the criminal case also attended, and followed the Petitioner "about the courthouse" placing him in fear. They were cited for criminal contempt, found guilty, and sentenced to ten days confinement, with five days suspended. Each appeals, complaining that the evidence of criminal contempt is insufficient. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/15/03 | |
| James Jackson vs. Jackson, Johnson & Murphey
E2002-02476-COA-R3-CV
This litigation is between a former shareholder of the defendant accounting corporation. These parties entered into an employment contract together with a deferred compensation agreement. After two years, each party claimed the other was in material breach: the Plaintiff asserted a breach because, inter alia, the Defendant refused to treat him as an employee, while the Defendant asserted a breach because the Plaintiff prepared a number of tax returns [66], inter alia, for clients of the firm without recourse to the firm. The trial court found that no mutual material breaches had occurred, and that the Plaintiff was entitled to recover the balance of his deferred compensation which had been terminated by the Defendant owing to the Plaintiff's alleged breaches. The judgment is modified.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| Clemmye Mullenix Berger v. Brenda O'Brien,
W2002-00227-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/15/03 | |
| Rose Marie Harper Britt v. Elmer Lee Britt
W2003-00430-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/15/03 | |
| Cordell Taylor vs. Donnie & Vick Williams
E2003-00199-COA-R3-CV
In this dispute over the boundary line between the parties' property, the Trial Court established the line and declared an easement. Defendants have appealed. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 10/15/03 | |
| W2002-02353-COA-R3-CV
W2002-02353-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 10/15/03 | |
| Patricia Lyman v. Lawrence James
E2002-02859-COA-R3-CV
After over thirty years of marriage, Patricia A. Lyman ("Wife") left Lawrence A. James ("Husband") and moved to the state of Washington and began living with her new boyfriend. After Husband learned of Wife's affair, the parties agreed to a divorce based on irreconcilable differences and entered into a marital dissolution agreement ("MDA"). Both parties signed the MDA before a Notary Public, but neither party was administered an oath prior to his or her signing. The MDA provided that Husband would receive the entire amount of his pension. Over six months after the parties were granted a divorce, Wife filed a new lawsuit claiming she gave up any claim to Husband's pension because of Husband's fraud and/or misrepresentations. Wife also claimed the court which granted the divorce lacked personal jurisdiction to enter the final divorce decree because neither Husband nor Wife were administered oaths prior to signing the MDA, which Wife claimed resulted in the MDA not being properly notarized. The Trial Court concluded the failure of the Notary Publics to administer oaths did not render the MDA invalid. The Trial Court also concluded Wife failed to meet her burden of proving fraud and/or misrepresentations on the part of Husband. Wife appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 10/15/03 | |
| J.M. Cox, Jr. v. East Tennessee Natural Gas
E2002-02946-COA-R3-CV
In this declaratory judgment action to declare the rights between the dominant and servient estates relating to an easement, the trial court held that the landowner's proposal to add fill dirt over the pipeline easement did not unreasonably interfere with defendant's rights. Defendant has appealed. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:G. Richard Johnson |
Washington County | Court of Appeals | 10/15/03 | |
| CH-02-0609-1
CH-02-0609-1
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 10/15/03 | |
| Pache Industries vs. Wallace Hardware
E2003-01483-COA-R3-CV
Pache Industries, LLC ("Plaintiff") sued Wallace Hardware Co., Inc. ("Defendant") for unpaid invoices. Defendant was served with the summons and complaint, but did not answer within thirty days. Plaintiff filed a motion for default judgment. After being served with the motion for default judgment, Defendant hired an attorney, filed an answer to the complaint, and filed responses to discovery requests. The Trial Court granted Plaintiff a default judgment. Defendant filed a motion to set aside the default judgment. The Trial Court denied the motion. Defendant appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Kindall T. Lawson |
Hamblen County | Court of Appeals | 10/14/03 | |
| W2003-00001-COA-R3-CV
W2003-00001-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Daniel L. Smith |
Hardin County | Court of Appeals | 10/14/03 | |
| Nancy Gail (Paulk) Doran v. Oather Paul Doran
W2003-00170-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Steve Beal |
Hardin County | Court of Appeals | 10/14/03 | |
| Brian & Candy Chadwick v. Chad Spence
W2003-00931-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/14/03 | |
| Russell A. Siegfried v. The Grand Krewe of Sphinx,
CH-00-0307-3
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/14/03 |